I.

CAP. IV.

When they both exist, an action may be PART I brought in respect of them. Wrongful imprisonment begins when the party is in custody of a ministerial officer, until he is brought before a Court or a judicial officer. Malicious prosecution begins when he is brought before a Court or judicial officer. (Ad. Torts, 4th ed. 618; Austin, app., Dowling, resp., L. R. 5 C. P. 534.) 137.

petitioning

dication in

A person who petitions for an adjudication Maliciously in bankruptcy maliciously and without rea- for an adjusonable or probable cause, and knowingly bankruptcy and wilfully or recklessly swears to depositions false in fact, is liable to an action for a malicious prosecution, if the proceedings were superseded or set aside before the commencement of the action. (Ad. Torts, 4th ed. 623-4; Broom Com. 715; Selw. 1077; Rosc. 584.) 138.

PART II.

OF PRIVATE RIGHTS AND WRONGS CONCERNING THE SUBJECTS OF PROPERTY, AS COGNISABLE AT COMMON LAW.

TITLE I

OF CONTRACTS GENERALLY.

TIT. I.

Promise dis

A PROMISE, as distinguished from a contract, PART II. is an engagement by one person to another, made by the former voluntarily and inde- tinguished pendently of any concurrence on the part of tract. the latter. (2 Ste. Com. 53-4; Chit. Con. 2.) 139.

from a con

a contract.

A contract is an agreement, that is, a Definition of promise made on one side, and assented to on the other. 140.

and bilateral

A contract may be either unilateral, that is, Unilateral binding upon one side only, or bilateral (or contracts inter partes), that is, binding on both sides. (2 Ste. Com. 53-4; Chit. Con. 13, 14; Broom Com. 252, 269; Ad. Con. 1, 2, 14, 212.) Thus, if a person sends in a tender to supply such goods as another may order, and the latter gives an order, the order is a sufficient consideration for the promise to supply the goods, although there be no binding contract on the other side to order any goods. (Great Northern Ry. Co. v. Witham, L. R. 9 C. P. 16.) 141.